People v. Arevalo-Iraheta

Opinion

MILLER,

J.—A jury convicted defendant Felix Antonio Arevalo-Iraheta of five counts of lewd and lascivious behavior with a child under the age of 14 (counts 6 through 10—Pen. Code, § 288, subd. (a)).1 The jury deadlocked on five counts of aggravated sexual assault on a child under the age of 14 (counts 1 through 5—§ 269, subd. (a)(1)). The court dismissed counts 1 through 5 upon the People’s motion. The court sentenced defendant to an aggregate determinate prison term of 16 years. On appeal, defendant contends the court erred in permitting the People to amend the information *1578midtrial to…